Criminal organization

“ It appears to me that there is a certain degree of complexity attached to the problem of the criminal organizations. There is very extensive correspondence by members of various organizations, that has been submitted to the Tribunal on the subject of these organizations. Such abundance of discussion comes from an incorrect interpretation of legal proceedings if an organization is declared criminal. ”

“ When an organizer or leader of an organization of the gang nature or a ringleader of a vicious organization, who was sentenced to criminal punishment runs an enterprise or serves as a senior manager in an enterprise, the departments in charge of relevant industries shall conduct examination in accordance with the law and strengthen supervision and administration of the enterprise's business activities. ”

“ In accordance with the needs of handling cases of organized crime, public security organs, the people's procuratorates and the people's courts may fully investigate the property of an organization and its members suspected of organized crime. ”

“ The State pays an officer to sift, probe, collect and array the evidences of crime, with which the criminal is stoned to death; does it likewise commission and compensate an equally painstaking, lynx-eyed official whose sole duty is to hunt and proclaim proofs of the innocence of the accused? The great body of the commonwealth is committed in revengeful zeal to prosecution; upon whom devolves the doubly sacred and imperative duty of defence? ”

“ Each for its own ends—be it professional pride, personal glorification, hard cash, or revenge—is equally anxious to find the evidence and establish a case. Of course, the police are the first ones notified of the commission of a crime, but as it is now almost universally their duty to inform at once the coroner and also the district attorney thereof, a tripartite race for glory frequently results which adds nothing to the dignity of the administration of criminal justice. ”

“ When we speak of the repression of crime, we must first of all distinguish between that which is due to the general character of penal legislation, more or less severe, and that which is secured by the administration by the judges of the law as it is. ”

“ As previously noted, the organizational structure and operational methods employed by organized crime have created unique problems for law enforcement. High-ranking organized crime figures are protected by layers of insulation from direct participation in criminal acts, and a rigid code of discipline inhibits the development of informants against them. A soldier in a family can complete his entire crime career without ever associating directly with his boss. ”

“ Now, we come to guaranties of the right of the people to protection against any trial, except the same be conducted in accordance with the guaranties of the Constitution. These guaranties are for all persons, young or old, rich or poor. You know sometimes the innocent are charged with grave crimes. A crime is committed in the darkness of the night. The criminal has fled. The first duty of the officers of the government—the servants of the people—is to find the criminal so that he may be punished for his wrongdoing. ”

“ As a Professor of Jurisprudence reminds us, "the object of the whole complicated system of checks and guards provided by English law, and secured by a long train of constitutional conflicts, has been to prevent an innocent man being even momentarily treated as a thief, a murderer, or other criminal, on the mere alleged or real suspicion of a policeman." ”

“ Regrettable as it may seem, no police force, however large, could arrest all the violators of every law, and no system of courts could dispose of the multitude of offenders. We do the best we can and make an example of a few, hoping thus to persuade the others to be good. If every citizen undertook to exercise his right of arresting every individual whom he saw committing petty crime, the business of the community would come to a standstill and the magistrates' courts would be hopelessly congested with great hordes of prisoners, irate witnesses, and gratuitous policemen. ”

“ Recognizing the widespread impact of crime on our Nation, my Administration has worked hard during the past 6 years to strengthen our criminal justice system, to reduce the incidence of crime, and to champion the rights of crime victims. ”

“ THE TWINS. THE records of police courts afford but imperfect evidence of the business really effected by the officers attached to them. The machinery of English criminal law is, in practice, so subservient to the caprice of individual prosecutors, that instances are constantly occurring in which flagrant violations of natural justice are, from various motives, corrupt and otherwise, withdrawn not only from the cognizance of judicial authority, but from the reprobation of public opinion. ”

“ To aid a committee of this body merely in a legislative purpose, a citizen, guilty of no crime, charged with no offence, presumed to be innocent, honored and beloved in his neighborhood, may be seized, handcuffed, kidnapped, and dragged away from home, hurried across State lines, brought here as criminal, and then thrust into jail. ”

“ It might be supposed that communities thus familiarized with the punishment of crime by public authority would rapidly develop a criminal jurisprudence by the simple and direct process of adding from time to time new crimes, perhaps in the order of their supposed enormity, to their catalogue of offenses. ”

“ When a criminal who committed organized crime is released after serving his sentence, the judicial administrative organ shall, in conjunction with relevant departments, implement necessary measures such as resettlement, assistance and education, so as to facilitate the criminal's integration into the society. ”

“ But in cases of obscure, non-professional crime the police are at a disadvantage. The criminal is unknown to them; there are no confederates from whom to get information; consequently they have no starting-point for their inquiries. ”

“ One general interest is of course that of effective crime prevention and detection; it is this interest which underlies the recognition that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest. ”

“ He was a careful student of the police reports and the trials at the Central Criminal Court, and the more he studied those interesting records, the more he became convinced of the wickedness of human nature, the inefficiency of the police, and the tendency of accomplices to "split." ”

“ It seems inconsistent with the most rudimentary principles of our system of criminal justice, a system carefully developed and preserved throughout the centuries to prevent oppressive enforcement of oppressive laws, to concentrate this much power in the hands of any officer of the state. ”

“ Criminal cases, such as robberies, assaults, forgeries, murders, and the like, are conducted in a different manner. The head of the police in the district where the crime was committed, is entrusted with the collection of the evidence. ”

“ The dictionary definitions adopted by the state court extend to persons acting together for some purpose, 'usually criminal', or 'mainly for criminal purposes'. So defined, the purposes of those constituting some gangs may be commendable, as, for example, groups of workers engaged under leadership in any lawful undertaking. ”

“ Supervisory organs, the people's courts, the people's procuratorates, public security organs, judicial administrative organs and other relevant state organs shall, in accordance with the division of duties, cooperate with each other and check each other to properly conduct anti-organized crime work in accordance with the law. ”

“ Such a rule is utterly without foundation in logic or reason from the simple fact that crime in every age has been committed with every circumstance of caution and concealment that criminal ingenuity could devise; usually under the cover of night, often with a mask, frequently by the aid of accomplices to give notice of the appearance of the officers of the law, and nearly always with subsequent attempts to wipe out evidences of the commission of the offense. ”

“ If a member of the secret society commit a crime he is to be protected or hidden away; if he be taken by the police, the society is [Pg 142] bound to secure him the ablest legal assistance, furnish as many false witnesses as may be required, and if he be convicted, pay his fine, or do all in its power to alleviate the discomforts of a prison. ”

“ In such cases, of course, the officer may make an 'arrest' which results in charging the individual with commission of a crime. But while arresting persons who have already committed crimes is an important task of law enforcement, an equally if not more important function is crime prevention and deterrence of would-be criminals. ”

“ But it may appoint proper officers to be on the watch in public places where misdemeanors are most commonly committed; establish public prosecutors, who may, in virtue of their office, proceed against suspected persons; and, lastly, make it legally binding on all the citizens to lend their assistance to the task, by denouncing not only crimes which are contemplated but not yet committed, but those which are already perpetrated, and the criminal agents concerned in them. ”

“ The criminal law which had its origin when violence was rife is admirably adapted to the prevention, prosecuting and punishment of crude crimes, such as arson, rape, robbery, burglary, mayhem, assault, homicide, and "common-law" larceny,—theft accompanied by a trespass. In old times everything was against the man charged with crime—at least that was the attitude of the court and jury. "Aha!" exclaims the judge as the evidence goes in. ”

“ Nearly all the departments now recognize the efficiency of the service and call upon the bureau at any time for a man. The Department of Justice has used a number of the operators in the last few years. In the course of time this will become so general that this government will probably build up a great criminal bureau, one that will supply officers for investigation of any crime. ”

“ Henceforth we must seek, through the study of

facts, a better direction for penal legislation as a function of society, so that, by the observation of psychological and sociological laws, it may tend, not to a violent and always tardy reaction against crime already evolved, but to the elimination or diversion of its natural factors. ”

“ It may be added that, if the slight deterrent influence which it is possible for punishment to exercise depends, with its adaptation to various types of criminals, on the certitude and promptitude of its application, the others depend precisely and solely on the organisation of the police, and of penal procedure. ”

“ Further recommendations upon the subject as a whole will be developed after further examination by the Law Enforcement Commission, but it is not to be expected that any criminal law will ever be fully enforced so long as criminals exist. ”

“ In developing the causes which have produced that want of security, which it is believed prevails in no other civilised country in so great a degree as in England, it will be necessary to examine how far the System of Criminal Jurisprudence has been, hitherto, applicable to the prevention of crimes. ”

“ Various reforms, extending over a series of years, were successively taken in hand with the object of making penal servitude reformatory as well as retributive, of ensuring that convicts released on ticket-of-leave should remain under police supervision until the expiration of their sentences, of arresting the criminal career of juvenile law-breakers by means of reformatories and industrial [347] schools; and of protecting society, as far as possible, from the repeated ravages of incorrigible offenders, by instituting a system for the thorough identification and registration of criminals. ”

“ But every major law enforcement organization in America fought hard for the crime bill, and so did I, because it puts Government firmly on the side of the people who abide by the law, not the criminals who break it. ”

“ To reestablish the vigor and effectiveness of law enforcement we must critically consider the entire Federal machinery of justice, the redistribution of its functions, the simplification of its procedure, the provision of additional special tribunals, the better selection of juries, and the more effective organization of our agencies of investigation and prosecution that justice may be sure and that it may be swift. ”

“ I am especially anxious about persistent reports that many members of our police organizations not only are corrupt but are members of criminal syndicates, and as such are responsible for any number of crimes which, for obvious reasons, have remained unsolved. ”

“ A criminal prosecution directed on European criminal procedure at once passes into the hands of the state as an infringement of law which must be repressed, on the ground that the whole community bases its security on obedience to law. In England the repression of all minor crime is left to the injured party. ”

“ He shall investigate all charges of crimes, misdemeanors, and violations of ordinances, and prepare the necessary informations, or make the necessary complaints against the persons accused, and discharge all other duties in respect to criminal prosecutions enjoined upon provincial fiscals in the general provincial act and the Criminal Code of Pro. ”

“ It has recently been pointed out by Dr Anderson, of the Criminal Investigation Department, that despite the marked decrease of crime which we congratulate ourselves has been one of the most noteworthy features of the Victorian era, "the professional criminal is developing and becoming a serious public danger." [246] Since the abolition of transportation the company of criminals who are criminal by deliberate choice has been steadily increasing, and every mitigation of the penal code, every alleviation of prison existence, has helped to bring recruits to the profession. ”